California Health and Safety Code 11351
by
Randy Collins on Oct. 24, 2012
Summary: Possession of drugs for sale is a serious crime. These suggest a bigger operation at stake, which can be linked to other crimes in the region of sale.
Possession of drugs for sale is a serious crime. These suggest a bigger operation at stake, which can be linked to other crimes in the region of sale. The laws of California, as well as those enacted in all states, state that possession of drugs is illegal, and so is the sale thereof. Even if there was no sale being transacted during the time of arrest, the intent is what matters to the prosecution.
If the prosecution can prove this, it’s very likely that a guilty verdict will be ruled. But before we pull the brakes on a case that can clearly be defended, a criminal defense attorney is also likely to find ways to discredit this evidence – of intent to sell.
Here are a few scenarios:
If there is any drug paraphernalia close by the vicinity of arrest, whether these are mixers, dilutants, scales, and other types of measuring equipment, the prosecution can argue that the accused intended to divide the drugs found, and also resell this loot.
On the other hand, the criminal defense lawyer, who specializes in California drug charges can also argue that paraphernalia such as bongs and chimney pipes would most likely suggest that the drugs were intended for personal use, not sales.
In addition, if a search and seizure was conducted, and there were large quantities of drugs to be found, this evidence can also be thrown out of court, if the defense attorney can prove that incorrect police procedures took place, or that the warrant was obtained through deceptive means.
There are numerous other defenses that a criminal defense attorney for drug charges can make. If you’ve been arrested for drug possession for sales, under California Health and Safety Code 11351, it’s possible to fight the charges and win. Don’t take it lightly. This criminal offense carries serious consequences including prison time and asset forfeiture.
MacGregor and Collins has had great success defending those accused of drug related crimes. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Possession of Drugs for Sale.
Learn more about other California Section Penal Codes here.